The Case

practice, is a writ which lies where a party sues for damages for any wrong or cause of complaint to which covenant or trespass will not apply.

See 3 Woodd. 167; Steph. Pl. 15.

This action originates in the power given by the statute of Westm. 2, to the clerks of chancery to frame new writs in consimilt casu with writs already known. Under this power they constructed many writs for different injuries, which were considered as The new writs invented for the cases supposed to‘bear such analogy, have received accordingly, the appellation of writs of trespass on the case, as being founded on the particular circumstances of the case thus requiring a remedy, and, to distinguish them from the old writ of trespass, 3 Reeves, 89, 243, 391; and the injuries themselves which are the subjects of such writs, are not called trespasses, but have the general name of torts, wrongs or grievances. The writs of trespass on the case, though invented thus, pro re nata, in various forms, according to the nature of the different wrongs which respectively called them forth, began, nevertheless, to be viewed as constituting collectively a new individual form of action; and this new genus took its place, by the name of Trespass on the case, among the more ancient actions of debt, covenant, trespass, &c. Such being the nature of this action, it comprises, of course, many different species. There are two, however, of more. frequent use than any other species of trespass on the case, or, perhaps, than any other form of action whatever. These are assumpsit and trover.

Steph. Pl. 15, 16.